Hitesh @ Bavko Shivshankar Dave VS State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

D. Y. CHANDRACHUD, SURYA KANT
Hitesh @ Bavko Shivshankar Dave – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Rishi Malhotra.
For the Respondent: Deepanwita Priyanka.

Table of Content
1. conviction and sentence details. (Para 1 , 2)
2. consideration for pre-mature release. (Para 3)
3. exercise of discretion by state on remission. (Para 4)
4. policy application for pre-mature release. (Para 5)
5. disposition of the petition and applications. (Para 6)

ORDER :

1. By a judgment dated 16 July 2002, the petitioner was convicted for offences punishable under Sections 302, 201 and 120B of the Indian Penal Code 1860 and was sentenced to suffer rigorous imprisonment for life. The appeal was dismissed by the Gujarat High Court on 21 August 2009.

2. The custody certificate issued by the Superintendent, Morbi Sub Division Jail, Gujarat on 3 March 2022 indicates that the appellant has undergone a total sentence of approximately 15 years and 4 months, without remission.

3. The submission on behalf of the petitioner, which has been urged by Mr. Rishi Malhotra, counsel, is that in view of the decision of this Court in State of Haryana vs. Jagdish , (2010) 4 SCC 216 the application for the grant of pre-mature release will have to be considered on the basis of the policy, as it stood on the date of the conviction.

4. In State of Haryana vs. Jagdish (supra), this Court ha

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